The "Saddest Bill" Passes

Delegate Grammer says, SB399 is the "saddest bill of the session."

The much-contested Senate Bill 399 was put before the House Chamber for a vote on April 4, 2025. The bill removes fifty-plus years of protections for three Wildlands in Western Maryland. It upends statutes that previous legislators saw fit to pass, which adopted a hands-off position regarding the state's most unique and precious lands. The bill has broader ramifications that affect all protected parts of the state, making them vulnerable to future development.

"This is a legal precedent we're setting," said Delegate Lauren Arikan (R) for Hartford County. "Future projects can now come forward and say, 'You did it for them. You need to do it for us.' I think this is shortsighted. I'm disappointed in us on this bill."

Those opposing the bill include environmental groups and individuals concerned about expanded clearing of forests that were once deemed permanent homes for delicate ecosystems, wildlife, and watershed buffers. An overwhelming flood of opposing testimony poured into Annapolis, admonishing the bill. Yet, it didn't move the needle or splinter the unanimous support by Democrats, who appeared dismissive and determined to cater to NextEra's proposal. The party's disregard for the environment remains confounding and historically out of character. In stark contrast was the lack of support from Maryland's Republican legislators, who almost unanimously opposed the legislation, touting it as a stain on Maryland's environmental record. The topsyturvy party ideologies have fostered new Republican bedfellows and enraged devoted Democrats.

Fearing the bill would pass, Baltimore County's Delegate Robin Grammer, Jr. (R) took the floor to propose an amendment preventing eminent domain that could result from the construction or maintenance of transmission lines. If nothing else, the amendment would protect private landowners and farmers. Grammer explained his concerns and familiarity with projects he has seen in northern Baltimore and the northern region of Maryland.

"We're having to create these transmission lines," Del. Grammer said, "and in many cases, wreck areas that historically have not been touched in probably thousands of years."

It has been 52 years, to be exact, since Potomac Edison disrupted the Wildlands in Western Maryland with overhead lines. After construction, the state saw fit to establish legal protections to prevent further decimation of the precious environments untouched by time. The Potomac Edison powerlines are familiar to residents who live near them, but that doesn't mean they like them. They have reason to be concerned about yet another 200-foot-wide path cutting through the densely wooded areas that are havens for wildlife and playgrounds for outdoor adventurers. According to the bill, the new line proposed by NextEra Energy must run parallel to the existing right-of-way owned by Potomac Edison. It will double or triple the footprint that already disrupts natural habitats and bucolic vistas. Landowners on either side of the existing right-of-way are concerned with good reason.

Del. Grammer continues, "What this bill does, and the probable result is that we're going to be destroying our Wildlands, which are historically protected areas of our state, to achieve a project that does not actually serve rate-payers, or energy delivery in the state of Maryland."

His statement is well-informed, but ignored by Democrats who support the legislation. Construction projects are paid for by rate-payers, and the power moving through the NextEra Energy lines is bypassing Maryland altogether, so power from fossil fuel plants in southwest Pennsylvania can serve power-hungry data centers in Northern Virginia. It's a double slap in the face for Marylanders who will foot the cost in their utility bill and not be recipients of a new energy producer.

No Western Maryland representatives defended the Wildlands, their home turf. To the contrary, both Western Maryland Senator McKay (R) and Garrett and Alleghany County Delegate Hinebaugh (R) were sponsors on the Senate and House sister bills, advocating for NextEra Energy's proposal. Shoulder-to-shoulder, McKay and NextEra Energy presented their bill to the Education, Energy, and the Environment Committee in early February, and Hinebaugh joined the corporate representatives when presenting to the Economic Matters Committee in early March.

"So, I think this is an unintended consequence of our energy policy," said Del. Grammer. "We put these extreme energy mandates in place, and now we're having to crisscross the state with a project that doesn't actually serve Maryland."

Baltimore County Delegate Nino Mangione (R) said he'd seen eminent domain leveraged in Baltimore, Carroll, and Frederick Counties, prompting him to support Del. Grammer's amendment. He pointed out that the companies taking land from property owners and farmers are from out of state, something that irked him.

Economic Matters Committee Chair Delegate C.T. Wilson (D) offered his explanation of the transmission line project through his eyes.

"This year, we've gone out of our way to procure in-state [power] generation. What this bill does is it requires that if any wildlands are lost, NextEra Energy must replace them with twice the amount that they took and enter into a land conservation management plan for these new acreages."

Environmentalists would argue that the wildlands cannot be replaced. The reclamation promise misses the whole point of protecting untouched land. No matter how Disney-inspired, new plantings will never replicate the ancient forests that were permanent domains for wildlife long before Garrett and Allegany Counties were settled. A copy of the Mona Lisa is not "The" Mona Lisa.

Wilson pointed out that Maryland is part of a 13-state energy grid, which requires cooperation between states. Sometimes, according to Wilson, that means having transmission lines in your home state. In closing, he requested support for the bill.

"We're now, slow-walking improving our grid with local production," said Del. Arikan. "But we're about to lose some of the energy that we actually import to data centers in Pennsylvania."

Del. Arikan shared a constituent's letter informing her that Pennsylvania has plans to welcome data centers to their state as well. This tidbit is important since the reason behind the transmission line bill faced by the General Assembly is to move power from Pennsylvania to Northern Virginia data centers that consume energy at a blistering pace. Del. Arikan worries that exports from Pennsylvania will dry up in order to supply their home state's needs—the diminishing import resources for electricity compound the problem. Del. Arikan shared that eleven power plants have closed in the last twenty years.

"So, we're compounding, and compounding, and compounding our problem, and I guarantee you, running wires through our wildlands cannot be the answer," she added.

Saint Mary's County Delegate Brian Crosby (D) opposed the amendment, arguing, "This 'project' doesn't use any eminent domain." However, Del. Grammer must be skeptical of this based on his proposed amendment.

Del. Grammer's proposed amendment, preventing eminent domain, was rejected with a vote margin of 100 to 38.

"We are destroying our green areas, which I think we can all agree is not of value to anyone in this body," said Del. Grammer, who expressed some final words to his fellow legislators. "Regretfully, Madame Speaker, I think this is one of the saddest bills of the session, and that's why I'll be [voting] 'no' today."

With the discussion closed, a vote was taken with 109 in favor and 29 opposed, all Republicans, clearing the way for Governor Moore to accept or veto the bill.